West Warwick Man Arrested for Internet Crimes Against Children

West Warwick Man Arrested for Internet Crimes Against Children

Posted By
Attorney Robert H. Humprhey

As reported by Donita Naylor in the February 5, 2015 edition of the Providence
Journal, a West Warwick man has been arrested and charged with indecent
solicitation of a minor and
disseminating indecent material to a minor. The man was arrested following an investigation by the Rhode Island Internet
Crimes Against Children Task Force.

Pursuant to Rhode Island General Laws 11-37-8.8, indecent solicitation
of a child is defined as person is guilty of indecent solicitation of
a child if he or she knowingly solicits another person under eighteen
(18) years of age or one whom he or she believes is a person under eighteen
(18) years of age for the purpose of engaging in an act of prostitution
or in any act in violation of chapter 9, 34, or 37 of this title.

(b) As used in this section, the word "solicit" or "solicitation"
means to command, authorize, urge, incite, request, or advise another
to perform an act by any means including, but not limited to, in person,
over the phone, in writing, by computer, through the Internet, or by advertisement
of any kind.

The penalties if convicted include imprisoned for not less than five (5)
years, sex offender registration and sex offender counseling.

Pursuant to R.I.G.L. 11-9-1.5, no person shall knowingly and intentionally
use a computer or telecommunication device to transmit an indecent visual
depiction to a person he or she knows is, or believes to be, a minor.
In this case, a minor is anyone under the age of eighteen (18). Indecent
material includes material depicting sexually explicit conduct. Sexually
explicit conduct is broadly defined to include

(i) Graphic sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, or lascivious sexual intercourse where the
genitals or pubic area of any person is exhibited;

(ii) Bestiality;

(iii) Masturbation;

(iv) Sadistic or masochistic abuse; or

(v) Graphic or lascivious exhibition of the genitals or pubic area of any person.

The penalties if convicted include imprisonment for not more than five
(5) years, a fine of not more than five thousand dollars ($5,000), or
both. A person would also be required to register as a sex offender and
undergo sex offender counseling.